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Authors: Sam Brower

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CHAPTER 4

UEP v. Holm

I was hooked. The drive home to Cedar City in the freezing dark of that winter night was almost dreamlike and somewhere along the road I crossed the imaginary divide that separates Short Creek from the United States. The episode that I had witnessed that Saturday would not appear in the morning paper, nor on the evening news, because even if the editors heard about it, they would not deem it important enough to dispatch a reporter to cover. And for the Short Creek inhabitants like Ross, it was not really news at all; it was just another day in the Crick. Happens all the time, he said. That and worse. The difference this time was that a gentile who worked with law enforcement had been on the scene to witness it. By now, my doubts and hesitations had evaporated like mist rising from a field with the dawn; something was very wrong down there. I reminded myself not to let emotion get ahead of professionalism. My primary concern was still to keep the Chatwins in their place; it was no longer their house, but the lower floor of a duplex, a basement apartment. But sooner or later, I understood that whatever I uncovered was going to end up in a court of law. I would dot every
i
and cross every
t
to make the case watertight.

A few days later, I paid another visit to Short Creek, once again prepared to be greeted by the reception committee. Sure enough, as soon as I got into town, the plyg-rigs emerged out of nowhere and were on me. This time, when they closed in and started to buzz around like big mosquitoes, I let them force me to the side of the street, at which point I suddenly stopped, threw open my door, and jumped out. In my hands was a 35-millimeter still camera with a long black lens, and I brought it up and started snapping pictures of license plates and startled faces, bounding toward them like a determined Hollywood paparazzi after a starlet. I yelled, “Hey, get out and come on over here and talk to me!”
Click-click-click.
“Come on, guys. Let's talk!”

There was a long moment of hesitation. They had not been instructed about anything like this and just sat there, dumbfounded, in their trucks with the big engines idling as they realized the game had changed. Then they hit their gas pedals and scattered like chickens. I lowered the camera and allowed myself a chuckle as I began to realize how scared they were to be photographed. I could almost envision them speeding over to some place like the friendly Vermillion Cliffs Café, and trying to figure out what had happened over a cup of coffee.
The guy had a camera! He took our pictures!
Like most bullies, they were mostly about posturing, and if you faced up to them, they didn't know how to react. My camera was scarier to them than a gun. Eventually, I grew used to their antics; after all, when you go to the circus, you expect to see clowns.

I took some groceries over to Ross and Lori and their kids. They no longer had any source of income, and they were living like refugees trapped in a town that treated them as if they had the plague. No work, no money, no food, so I would try to help when I could. My dad had taught me that when you help others, you are really helping yourself, and it gave my spirits a boost to see the family hang tough while the FLDS tried to crush them.

In return, the Chatwins became my guides into the tangled lore and skewed history of the FLDS. Through them, I began to meet other FLDS dissidents, the apostates, who had heard about the private investigator who was standing up to the cops and the thugs. As I developed additional sources, all paths eventually led to one person. The border towns were completely under the thumb of FLDS prophet Warren Jeffs. I listened carefully, but I wasn't there yet. I had never even seen Jeffs in person. My job was to find ways to help Joan Dudley fight the eviction, and to help the Chatwins keep their home.

In long conversations with the Chatwins and my growing circle of apostate sources, I found an unexpected nugget of legal leverage, a precedent that had been decided less than a year earlier, in May 2003. After three years of litigation, the case,
United Effort Trust v. Milton Holm
, had ended with a half-a-loaf victory for both sides. The court ruled that the UEP did rightfully own the property, but also that Holm had made substantial improvements to it over the years and the UEP would be “unjustly enriched” by taking it without proper compensation for the work and money Holm had put into the 3,600-square-foot house. The FLDS refused to pay a cent, so Milton Holm was granted a “life estate” in the property, which meant his family could continue living there for the rest of his life. When he died, the family could be legally evicted.

That was definitely something to pass along to the lawyer, Joan Dudley. It was a recent legal decision that applied to the Chatwin case. But there was more to the story than just property rights. As Ross related what had happened in his calm voice, it left me reeling in disbelief. The property title dispute faded almost to an afterthought as I was swept up in the tragic saga of the Holm family. What had happened was so unbelievable that I couldn't just take Ross's word for it. It took some time for me to piece the facts together with a lot of background work and interviews with other people. Incredibly, Ross had been right all along. It was all too true.

The story involved child abuse, rape, kidnapping, extortion, smuggling minors across international borders for sexual purposes, and the astonishing fact that law enforcement agencies all the way up to the state level, the Federal Bureau of Investigation, and the Royal Canadian Mounted Police had known what was going on and had looked the other way.

Four years earlier, on a warm summer morning in 2000, Lenore and Milton Holm, a couple with thirteen children, were summoned to the office of Warren Jeffs for a surprise interview. That alone had set them on edge out of fear that he was going to accuse them of doing something wrong, and they had no idea where they had strayed from being loyal. Instead, the lanky Warren informed them that they were to surrender their fifteen-year-old daughter Nicole to be a wife for Wynn Jessop, who was twenty-three years older, married, and had children.

The wedding was already scheduled for the following day, when Nicole would turn sixteen. The parents, who had not been alerted in advance, were taken by surprise by the instruction but were relieved that they were not being punished for some unknown transgression. They automatically agreed to the decision, just as they had been trained to do.

As they went home, terrible memories flooded back to Lenore Holm of her own forced first marriage. She recalled her first wedding night, to the man to whom she had been assigned before she married Milton, as nothing less than a brutal assault. She couldn't bear the thought of the same thing happening to her own little girl, and by the time she and Milton arrived back home, they had changed their minds. They solemnly revoked their consent.

Warren was furious. Within ten minutes, he called up Milton and told him that he had “lost priesthood” for allowing his wife to run the family, that they were no longer members of the church, and that they should immediately leave their residence.

Shortly afterward, the Holms began receiving visits from more cordial church leaders who urged them to trust the will of the prophet and yield their daughter in marriage. When they still refused, all pretense of cordiality was dropped and the visits from FLDS leaders became threatening, promising that dire judgments of God would befall the family if they did not (illegally) place their teenaged daughter into servitude. Within minutes of their final decision, the Holms were served with an eviction notice drawn up by the FLDS's favorite lawyer, Rod Parker of the law firm of Snow, Christensen and Martineau in Salt Lake City, ordering them to immediately vacate their six-bedroom, three-bath house.

Friends and neighbors they had known all their lives ceased speaking to them. The city turned off their utilities and their trash was no longer picked up. The community that had been their whole lives only the week before, now seemed determined to crush them.

But that wasn't the worst of it. Suddenly, Nicole, the pretty little daughter and targeted bride, disappeared as if she had been part of a magic show. Poof, and she was gone without a trace. A distraught Lenore pleaded with the local law, Chief Marshal Sam Roundy, to find her daughter, and he agreed to take a look. Weeks went by before Roundy reported back that he had spoken with Nicole, but did not know where she was. The girl was safe, the chief said, and had voluntarily run away from home. Lenore did not believe him. She believed that her child had been kidnapped and was probably now married to Wynn Jessop.

Lenore notified the Washington County sheriff's office in Utah, the Mohave County sheriff's office in Arizona, and the attorneys general of both states. All promised to open investigations, and Nicole eventually was located in the FLDS community in Bountiful, British Columbia, Canada. Lenore knew that her daughter did not have a driver's license or a passport, so there was no legal way for her to have crossed that international border without parental permission or the appropriate documentation, particularly since she was a minor being transported for the purpose of being married against the wishes of her family. Lenore filed complaints with the Royal Canadian Mounted Police in Canada and the FBI in the United States, and once again she was promised investigations into the disappearance of the girl. Nothing came from any of it.

Nicole was indeed in Canada and had been secretly married to Wynn Jessop, to whom she had been presented like a gift. The powerful FLDS had outmaneuvered the family. Nicole, brainwashed since infancy to obey the prophet, did just that, and was convinced that her parents were wrong. She saw nothing unusual about being assigned at her young age to an older man who was already married to someone else. But since Nicole was a child in the eyes of the law, it had not been her decision to make, and if sexual relations were indeed involved, it was clearly rape, no matter what she said or wanted or believed. The church arranged it and then ran interference for her.

Nicole refused to speak to her mother, stating that if any attempt was made to call or contact her, it would not be reciprocated. Expelled from the church for their actions, and ordered to leave their house, the parents sued.

From that came the
UEP v. Holm
case that had finally been settled the previous May. It was not really about property issues at all. The real crime was that Milton and Lenore had broken an unwritten FLDS law by challenging the word of the powerful prophet. Therefore, they had to be punished.

The Chatwins and the Holms provided a hint at what might lie ahead. Nicole was only fifteen when church leaders tried to place her in a so-called marriage. Ross and Lori had been thinking about marrying a sixteen-year-old until I stopped them. There had always been chatter in the surrounding gentile communities about young girls being married off within the FLDS, but much of it was chalked up to rebellious farm girls tiring of their restricted lives and running away from home in search of love. That happened every day somewhere in this country. But how young was too young? How low would they go within the FLDS when deciding who was ready to be married? And if little girls were involved, what about the little boys? I was just beginning to grasp the true extent of the complexities of the case.

CHAPTER 5

Big Willie

With a court appearance looming to defend the Chatwins, we assembled a list of key FLDS players who could either be deposed or appear as witnesses. The biggest name on our list was the prophet Warren Jeffs himself, and this time when I returned to Short Creek, I was carrying more than a camera, or a hammer and nails: I had a satchel full of subpoenas. The cloistered community was shocked when I started dropping the papers on them and denting their confidence that they were exempt from such legal trifles.

I began with Sam Barlow, who had been the first town marshal. Some twenty years earlier, both Utah and Arizona had decertified him as a peace officer for lying to the Washington County sheriff about a cache of some 180 semiautomatic rifles that he had secreted in a cave. He had emerged unscathed from that decertification, and as far as the church was concerned, Barlow was a key behind-the-scenes figure when any legal trouble popped up involving the gentile world.

It was not hard to find him. A sign on the building directly across the street from the police station read: SAM'S OFFICE. His big Chevy Suburban was parked outside, indicating he was present, so I went in. The whole building seemed to start breathing in and out as I told him I was serving him. The obese man's face reddened in outrage, as if he were about to explode. Barlow did not want to touch the subpoena, but I didn't care. He had been legally served, and he knew it, so I laid it on his desk and walked out.

I served several more subpoenas over the next few days, but the one that I was most looking forward to delivering was the one bearing the name of Warren Steed Jeffs. I parked about a block away from the ten-foot-high wall that surrounded his compound and settled down to watch.

The enclave, which consists of several homes, is modern and well kept, and is in stark contrast to the poverty that surrounds it. Covering an entire city block, it looks more like a walled gated community than the FLDS command center. Several entrances in the wall allow access, and swiveling, motorized cameras scan all visitors. The big rolling electric gates opened only for approved vehicles.

About five o'clock, as the work day ended, traffic picked up outside the compound, and I watched a steady stream of vehicles make brief stops on the street. The driver would jump out of the car and thrust one or more envelopes into a metal mail slot built into the wall, then dash away so the next in line could make their deposits. Sources explained to me later that it happened nearly every day, as people tried to get their tithing money, donations, and letters of repentance to the prophet in a timely manner.

I got out of my car and walked up to the big pedestrian gate set into the thick wall and rang the bell. Nothing. I had counted more than twenty other cameras around the compound, with additional tiny cameras the size of lipstick cases covering specific areas like porches and under the eaves of the buildings. One big motorized camera had been placed right over the west entrance. I buzzed the intercom and heard the hum of the camera moving to focus its big eye on me.

A young female voice from the intercom asked if she could help me. I said I had some documents for Warren Jeffs. She went silent, so I waited a few minutes and buzzed again. The same voice asked the same question. I repeated my answer. She replied that he wasn't there.

I kept talking, trying to coax her into sending someone out to talk to me in person. In Utah, it is legal to serve a subpoena on any occupant over the age of fourteen at the address in question. The receptionist, however, just said “thank you,” then cut me off. After that, she would not even answer the intercom. I smiled up at the camera, then left, going on to my next stop.

At the time, the Jeffs compound was one of the only places in town with such tight security, but that quickly changed after my first subpoena blitz. Within two weeks, new fences with security cameras and NO TRESPASSING signs began to appear everywhere. Before, I had been able to drive directly up to the health clinic and park in a space reserved for the bishop of Short Creek, Uncle Fred Jessop, when I tried to serve a subpoena on him. Now, the clinic was completely surrounded with a reinforced vinyl security fence, and a guard shack perched at the newly installed gates.

On an early March morning in 2004, a fifteen-passenger white van wheeled up to the courthouse in Kingman, Arizona, the Mohave County seat. The doors opened and out spilled a small army of FLDS church leaders who would represent the church's attempt to evict Ross Chatwin. Only three or four of them had been called as witnesses, some of whom I recognized because I had dropped subpoenas on them. So the others had shown up either for moral support or, more likely, to make certain everybody else said and did the right things. They were cocky. They were arrogant and disrespectful. They were the FLDS, on a mission from the prophet.

Joan Dudley was unimpressed by this gang, and she hardly looked up from her papers as they bumbled into the courtroom, bringing along their own security team of church goons. They took seats in the row in front of me, talking loudly, and that gave me a chance to both look them over and listen to their comments. Occasionally, to gauge their response and learn more about them, I would make a calculated comment to someone nearby. Judging from the sharp looks thrown my way, the tactic apparently worked. Soon, the goons were up and quietly badgering the court bailiffs to find out who I was.

The combativeness of the day came to a head when Dudley called Willie Jessop to the stand. I had heard a lot about this guy and was eager to see if the rumors were true. Jessop was a longtime FLDS bully who had wormed himself into a useful position with some of the church leaders who felt that his bulk and willingness to do as he was told could work to their advantage. His role was always an unofficial one that the leaders could deny, if necessary. It was Willie who later shoved a camera at me as I left my doctor's office before open-heart surgery. He had a flair for the theatrical, and when his name was called he swaggered to the witness chair to face the detested black woman lawyer.

She worked him over for a while and he dodged the questions, stalled, and gave evasive answers, trying to insinuate that he—not she—was in control. Joan tuned him up like she was winding a clock. “Are you a bodyguard for the church?” she asked, raising her eyebrows slightly.

He responded that it depended on what she meant by the word “bodyguard.”

She asked if he was a bodyguard for Fred Jessop—the “Uncle Fred” who held the rank of second counselor to Warren Jeffs and was the bishop of the town. Uncle Fred had mysteriously vanished, and I had been unable to subpoena him at the health clinic. She received the same non-answer from Willie.

For the third time, Dudley tried the same question, and Willie admitted that on occasion he sometimes “accompanied” Uncle Fred.

“Were you a bodyguard for Rulon Jeffs, the former prophet?” Willie belatedly recognized that this line of questioning was painting him to be a longtime church enforcer. He dodged. She followed. “Are you Warren Jeffs's bodyguard?”

Willie fell back to saying that depended on the definition of the word “bodyguard.”

But Joan had laid the groundwork, and she sprung the trap.
Want a definition of bodyguard? Okay.
She wagged a finger at him as if she were a schoolteacher with a particularly dense child and barked, “Do you guard Warren Jeffs's body?”

He refused to respond, so she asked Judge James Chavez to order him to do so. Once more, Willie began a wavering ramble about the proper definition, and Joan pounced:
“Do you guard Warren Jeffs's body?”
He still would not answer directly, so the judge ordered him to do so, and Willie arrogantly replied, “No comment.”

Judge Chavez exploded. “Who do you think you are? You're not outside talking to the media.” He reminded Willie that he was under oath in a court of law and that he would definitely answer the question or suffer the consequences.

I watched with great satisfaction as the top FLDS enforcer was forced to give in to a black woman and a Hispanic judge. Getting Willie Jessop to admit in court to having been the bodyguard for the most important men in the hierarchy would prove to be a valuable tool that would be used against him in the coming years.

When the hearing was finished, the FLDS had failed in its effort to evict Ross Chatwin and his family. It was a good day in court, and it took Ross a step closer to obtaining a “life estate” of his own.

Up to that point, I had never even met Willie, but his name was always popping up because the apostates of Short Creek seemed to be scared of him, and also of his smaller half-brother, Dee. The two men are muscle for the church and are not shy about yearning to be God's avengers. They live for the day they are called upon to protect the prophet and priesthood.

Willie is a large man, about six foot five and weighing probably around three hundred pounds, with brown hair that he sweeps back Elvis-style.

A man named Richard Jessop Ream, who would become one of my clients in another case, later provided me with a deeper look into Willie's disturbed psyche. In an affidavit, Ream described the time that he and some friends were chatting with some local girls at the post office in Short Creek, unconcerned by the fact that the girls were considered off-limits by the church leadership. Big Willie drove up and glowered. “Leave the priesthood girls alone,” he snapped.

When Ream replied that he would talk with whomever he chose, Willie closed the conversation with the threat: “If I have to use guns to straighten you little bastards out, I am going to do just that, and Uncle Warren is going to back me up.”

Ream took that seriously. He had visited Jessop's home on West Field Avenue in Hildale and knew the man owned the hardware to make good on his threat. Ream described the place as a mini-fortress, with all the windows blacked out because Willie was convinced that law enforcement had him under surveillance and that government intrusion was imminent. The basement reeked of gun oil and shelves sagged along two walls beneath the weight of cases of ammunition, reloading equipment, and gun supplies. The other two walls and some tables were laden with assault weapons, pistols, rifles, and shotguns, including a huge Barrett .50-caliber sniper rifle, which can kill up to a mile away, and nearly every kind of small arms weapon imaginable.

Ream's affidavit stated, “I asked Mr. Jessop if it concerned him that he was in possession of illegal assault rifles.” At the time, those were banned. Willie laughed and replied that “what the law didn't know wouldn't hurt them.” He was ready to use deadly force if the prophet commanded it.

As if not to be outdone, Willie's brother Dee Jessop has openly stated that he would willingly cut the throats of his wives if the prophet gave the order. I have no doubt that both are serious. Together, they have a tendency to more than double the trouble, becoming exponentially meaner. They are formidable and unpredictable.

I have heard Willie brag to his admirers within my earshot about almost having had to “take [me] down.” The fact is that Willie rarely comes closer than twenty feet of me and, aside from our recent encounter in the parking lot of my doctor's office, we have never had anything resembling a real conversation, but not for my lack of trying. He is invariably parked, lurking somewhere nearby, when trouble arises within the FLDS or if I have some business in the Crick. When I attempt to communicate with him, I get no response. He drives a high-dollar Mercedes-Benz SUV that is decked out with the latest police radios and scanners and even a satellite dish on the roof. I have tried walking up and tapping on the window of his vehicle and motioning for him to step outside and talk. He responds by locking all the doors and staring straight ahead.

One of the more interesting aspects of my entire investigation has been watching Big Willie evolve from being just a convenient thug for Warren Jeffs to becoming an affluent businessman and the slick spokesman for the entire FLDS religion. He is always welcome on national television shows, where he is acknowledged as the face of the cult. He is among the best I have seen at being able to lie like a thief and get away with it.

His rise to power says a lot about how the FLDS operates by instilling fear. I always make sure my guard is up when Big Willie is around. While working my way through college, one of my many jobs was training police dogs. Willie reminded me of what we called in that business a “fear-biter.” When you are not looking, such an animal sneaks up from behind, yaps a few times, nips at your heels, and then slinks away. It just is not prudent to show your back to a “fear-biter” like Willie. I consider both Willie and his brother, Dee, to be very dangerous men.

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